Intentionally Causing Injury

For the prosecution to prove the offence of intentionally causing injury, they must satisfy four elements of the offence. They can be found in s 18 of the Crimes Act 1958 (Vic) and are as follows:

1. The alleged victim suffers injury; and

2. The accused caused that injury; and

3. The accused intended to cause that injury; and

4. The accused acted without lawful justification or defence.

Charges for intentionally causing injury will usually be tried summarily in the Magistrates’ Court.

However, depending on the circumstances of the offence, the case may be heard in a higher court; expert legal advice is important in ensuring the most appropriate defence to a charge of intentionally causing injury.

It is unlikely that a charge for intentionally causing injury will go to a trial with a jury; it will usually be heard by a Magistrate or Judge.

Once the case goes to court, it is up to the prosecution to prove all four elements of the offence. It is important that you seek expert legal advice in building a defence as the circumstances surrounding the events that led to the charge can assist in a strong defence argument.

Between 1 July 2011 and 30 June 2016, 352 people were sentenced with intentionally causing injury as the principal offence. From that number, 42% were given imprisonment sentences, with a maximum term of 6 years. The median length of an imprisonment sentence was 1.5 years.

Non-imprisonment sentences included Community Corrections Orders (38%) and fines (2.5%).